Have you considered all the pros and cons, and there is just no hope or joy that your current marriage has to offer? Then divorce might be the best option. However, do you think your partner feels too entitled and would or does not want to get separated and not sign the divorce papers? What if you have filed for divorce, but you can’t find your partner to respond to it?
From the archives and experience of a top Callahan law firm, here is what to know.
Why aren’t they signing?
There are always underlying reasons why people don’t sign divorce papers. You have to understand which one. Some are not obvious; so, your divorce attorney may be the one to hint you on things to look out for.
- they might be hoping to work out things.
- the refusal can be a strategy to make you give up your assets from frustration.
- you can’t find them.
In the first two cases, calmly explain to your spouse that you are unhappy and would prefer mental peace. If they refuse, get yourself a family-based Callahan law firm and seek professional counsel. Ask and understand the conditions if you can still move on with the divorce.
Can You Get a Divorce from an Unwilling Partner?
It is frequent to see people panic and worry over the thought of an impossible divorce because their partners won’t sign. Yes, you can. If your state allows it, your divorce attorney can file for divorce under “No-fault,” which is a process that allows you to separate without proving your spouse did anything wrong. Your attorney may file that the marriage cannot be helped, causing you trauma, and file for divorce.
What would the Court Do?
If in the situation where your spouse failed to file a response, the judge would go on to file a default divorce as an uncontested divorce. You need to appear before the judge who would ask about property sharing. Usually, the court shares the property among both parties as considered reasonable by the judge.
What are the Cons?
An uncooperative spouse who didn’t respond to a filed divorce would most likely, not agree to negotiation on division sharing, alimony, child custody, and support. That’s where the problem is. It is stressful and mentally draining. However, if you have a credible Callahan law firm on your side, you would be aware of this possibility, and they would have helped you prepare.